Loading...
In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the City and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Planning Commission shall require the applicant to deposit a performance guarantee for all projects with greater than $50,000 in site improvements. The purpose of the performance guarantee is to insure completion of improvements connected with the proposed use as required by this Ordinance, including but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, walls, screens, and landscaping.
(a) "Performance guarantee" as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the City. The City shall be authorized to employ the City Engineering Department and/or City consultants to review cost estimates and conduct periodic inspection of the progress of improvements.
(b) Where the Planning Commission requires a performance guarantee, said performance guarantee shall be deposited with the City prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee the City shall issue the appropriate building permit, and the City shall thereafter deposit the performance guarantee, if in the form of a cash deposit or certified check, in an interest bearing account to the applicant.
(c) The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building permit.
(d) In the event the performance guarantee deposited is a cash deposit or a certified check, the City shall rebate to the applicant fifty (50) percent of the deposited funds when seventy-five (75) percent of the required improvements are completed as confirmed by the City, and the remaining fifty (50) percent of the deposited funds when one hundred (100) percent of the required improvements are completed as confirmed by the City. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee herein required may be applied by said applicant to assure compliance with Zoning Ordinance standards and the specifications of the approved site plan.
(e) Upon the satisfactory completion, as determined by the City, of the improvement for which the performance guarantee was required, the City shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the City is not required to deposit the performance guarantee in an interest-bearing account.
(f) In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the City, the City shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.
If the performance guarantee is not sufficient to allow the City to complete the improvements for which such guarantee was posted, the applicant shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposit. Should the City use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the City's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.
If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the City to insure completion of an improvement associated with the site, the applicant shall not be required to deposit with the City a performance guarantee for that same improvement. At the time the performance guarantee is deposited with the City and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the City regarding the performance guarantee.
The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for all zoning and building permits, certificates of occupancy, appeals, and other matters pertaining to the Zoning Ordinance. The City shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the City Offices, and may be altered or amended only by the City Council. No permit, certificate, special use approval, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals, unless or until preliminary charges and fees have been paid in full.
Unless otherwise expressly provided, whoever violates any of the provisions of this Zoning Ordinance is responsible for a Municipal civil infraction and shall be subject to the civil fines set forth in the General Ordinances of Howell, Part Two - Administrative Code, Title Two - General Provisions, Chapter 208 - Municipal Civil Infractions.
All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended and the other provisions of this Section with regard to public notification.
(a) Responsibility: When the provisions of this Ordinance or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having published in a newspaper of general circulation in the City of Howell and mailed or delivered as provided in this Section.
(b) Content: All mail, personal and newspaper notices for public hearings shall:
(1) Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.
(2) Indicate the property that is in the subject request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses may be listed when eleven (11) or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving specific property.
(3) Indicate the date, time and place of the public hearing(s).
(4) Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.
(c) Personal and Mailed Notice
(1) General: When the provisions of this Ordinance or state law require that personal or mailed notice be provided, notice shall be provided to:
A. The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
B. Except for rezoning requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located with the boundaries of the City of Howell. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
C. All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to Section 3.14, Registration to Receive Notice by Mail.
D. Other governmental units or infrastructure agencies (i.e. utilities, CSX, State of Michigan, Comcast, etc.) within one mile of the property involved in the application.
(2) Notice by mail/affidavit: Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
(d) Timing of Notice: Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, or this Ordinance where applicable, notice of a public hearing shall be provided as follows:
(1) For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation: not less than fifteen (15) days before the date the application will be considered for approval.
(a) General: Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to Section 3.13(c)(1)(C), Personal and Mailed Notice, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.
(b) Requirements: The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register biannually to continue to receive notification pursuant to this Section.
ARTICLE 4
ZONING DISTRICT REGULATIONS
ZONING DISTRICT REGULATIONS
For the purposes of this Zoning Ordinance, the City is hereby divided into the following districts:
(a) R-1 One-Family Residential;
(b) R-2 One-Family Residential;
(c) R-T Two-Family Residential;
(d) R-M Multiple Family Residential;
(e) MHP Mobile Home Park;
(f) O-1 Office;
(g) CBD Central Business;
(h) B-1 Local Business;
(i) B-2 General Business;
(j) MXD Mixed Use.
(k) I-1 Light Industrial;
(l) I-2 General Industrial;
(m) P-1 Vehicular Parking;
(n) HL-1 Historic Limited;
(o) HL-2 Historic Limited Residential; and
(p) South Michigan Avenue District.
The boundaries of the districts enumerated in Section 4.01 are hereby established as shown on the Zoning Map which accompanies this Zoning Ordinance and which, with all notations, references and other information shown thereon, shall be as much a part of this Zoning Ordinance as if fully described herein. Unless shown otherwise, the boundaries of the districts are lot lines; the centerlines of streets, alleys, roads or such lines extended; and the corporate limits of the City.
Where unzoned property exists, or where, due to the scale, lack of detail or illegibility of the Zoning Map, there is any uncertainty, contradiction or conflict as to the intended location of any district boundary line shown thereon, the exact location of a district boundary line shall be determined, upon written application, or upon its own motion, by the Board of Zoning Appeals.
Loading...